Vitiello v. Robles

Appellate Division of the Supreme Court of New York

Vitiello v. Robles

52 A.D.2d 567, 383 N.Y.S.2d 1020, 1976 N.Y. App. Div. LEXIS 12136

Appellate Division of the Supreme Court of the State of New York·Decided April 29, 1976·Published

Opinion

Judgment, Supreme Court, Bronx County, entered October 16, 1975, unanimously reversed, on the law and on the facts, and a new trial granted solely on the issue of damages, with $60 costs and disbursements of this appeal to abide the event, unless the plaintiff-respondent within 20 days of service upon him by the defendants-appellants of a copy of the order entered herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $65,000 and to the entry of an amended judgment in accordance therewith. If the plaintiff-respondent consents to the reduction, the judgment as so amended and reduced, is affirmed, without costs or disbursements. The amount awarded by the jury was excessive and a judgment exceeding the amount indicated is not warranted on this record. Concur—Stevens, P. J., Markewich, Birns, Silverman and Nunez, JJ.

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Judgment, Supreme Court, Bronx County, entered October 16, 1975, unanimously reversed, on the law and on the facts, and a new trial granted solely on the issue of damages, with $60 costs and disbursements of this appeal to abide the event, unless the plaintiff-respondent within 20 days of service upon him by the defendants-appellants of a copy of the order entered herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $65,000 and to the entry of an amended judgment in accordance therewith. If the plaintiff-respondent consents to the reduction, the judgment as so amended and reduced, is affirmed, without costs or disbursements. The amount awarded by the jury was excessive and a judgment exceeding the amount indicated is not warranted on this record. Concur—Stevens, P. J., Markewich, Birns, Silverman and Nunez, JJ.

Vitiello v. Robles, 52 A.D.2d 567, 383 N.Y.S.2d 1020, 1976 N.Y. App. Div. LEXIS 12136 (N.Y. Ct. App. 1976).

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52 A.D.2d 567 (Vitiello v. Robles) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.